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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33928
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Almost a year ago we bought a used car from a dealer. We used two tra

Customer Question

Almost a year ago we bought a used car from a dealer. We used two trade-ins: one paid and one had money owed. Since the car was bought on a holiday weekend I gave the dealer a pay off amount that was a few days later from the time we bought the car. The deal was signed and financed - money was disbursed and now we are paying installments for the car. The dealer is now saying that we owe him more money because the pay off amount was short. I checked all paperwork and there is nothing that states we must pay the difference. The Sales Manager tells me that he included an "information Sheet" that outlined my obligations to pay the difference. I have no such document. He has now turned it over to collections. Do I have to pay the difference or is the dealer out of luck.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Unfortunately, this is a question that's going to have to be decided by a judge to have a real answer.
If the judge believes that you were never given the document and were unaware of the expectation (and it will really likely depend on whether the judge believes you were given the document) then you won't be required to pay the difference.
If the judge believes you were given the paper then he will say that you owe the money.
If they say they remember you being given the document, the judge isn't likely to believe them because it would be such a small thing to actually remember so they will likely claim that they did because it is a normal course of business. However, if you state you specifically did not get it, would not have agreed to that deal, and kept all the paperwork together when you brought it home then the judge is likely to believe that because that is consistent with an occasional large purchase like a vehicle and a person would be expected to remember that.
The signature of the dealer's rep isn't a big issue.